Neustadt v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Hotchkiss, J.:
Prior to October 26, 1910, the Cambridge Milling Company shipped from Cambridge, Minn., to New York, via the defend*669ant railroad company, a carload consisting of 350 sacks of flour, consigned to order, with instructions to notify plaintiffs on arrival. The flour arrived at the railroad’s Jersey City terminal on September twenty-seventh and plaintiffs were duly notified. Shortly prior to September twenty-seventh plaintiffs ordered 210 sacks to Martin’s siding, at Jersey City, and paid accrued freight charges on the entire 350 sacks. On October nineteenth the railroad company…
2Cases cited2 opinions
- J. Russell Manufacturing Co. v. New Haven Steamboat Co.New York Court of Appeals · 1872
- Cass v. . HigenbotamNew York Court of Appeals · 1885
3Cited by1 opinion
- Smith v. Economical Garage, Inc.Appellate Terms of the Supreme Court of New York · 1919